In this case, the neighbor had heard shouting and violence in the Smailes' home several times and she had heard the children shouting loudly for their parents to stop fighting. Policies implemented to fight domestic violence have been studied closely in the UK over the past decade, prompting much concern, public debate and activity. Most of these activities took place in the areas of criminal law and police action to get them to recognize and treat domestic violence as a serious offense. There has been less interested in the impact of family law, particularly regarding children, even though recent legislative changes have increased the risk of perpetuating violence against women, either directly or through an abuse of laws. This article, based on results of recent research, examines the legal treatment of domestic violence in England, particularly in the context of the provisions of contact with children after separation or divorce.
Problem-Based Answer
The discourse on the welfare of children in family law has in fact served as a "transmission belt" to the rights claimed by fathers. The welfare of children came to be fundamentally associated with continuity of contact with the father, carried the rank of presumption and governed by "gentlemen's agreements" between the father and mother, rather than a procedure court. It requires parents to consider only the future, "turning the page" on any conduct or complaint, likened to the "past". The needs of the child are required to separate from her mother, even if it remains, in most cases, the primary caregiver. Thus, mothers who at the time decisions on father-child contact, argue the need to protect themselves against further attacks, are at risk of being seen as selfish, obstructionist or hostile to the father as a parent and therefore the interests of their children. ...